If you are going through a divorce that involves children, your top priority is child custody. Many clients are shocked to learn that their child can sometimes testify in court. There are different factors that the judge must consider in determining whether your child can testify. Additionally, your child’s testimony may not influence the judge’s decision because all child custody rulings must be based on the best interests of the child. If you want your child to testify at a custody hearing, it is essential to discuss it with your family law attorney.

Circumstances Impacting When a Child Can Testify

Every family law matter is different, and the judge will consider the unique circumstances on a case-by-case basis. However, the general rule in Oklahoma is children who are 12 years old or older are mature enough to testify regarding which parent they want to live with.

Even if your child is 12 years of age or older, the other parent can argue that your child is not mature enough to testify in the child custody hearing. Both parents must submit evidence to support their decision, and the judge will make the final determination. However, even if the child is allowed to testify, the court will consider it as one factor and my ultimately decide against the child’s preference on who to live with.

If My Child Testifies, Who Will Hear It?

Testimony by a minor can occur in a variety of ways. The judge may meet with the child privately for the testimony. If a guardian ad litem has been appointed, he or she may be present when the judge hears the child’s testimony. In some cases, the child may testify in front of the judge, parents, and attorneys.

The judge typically allows the parents and their attorneys to submit questions to the judge to be asked, but they may not be used. The judge determines what questions are relevant in discovering what is in the best interests of the child, as required by law. The child will testify regarding which parent he or she would prefer to live with, but the child’s preference is not the final say.

Oklahoma’s Best Interests of the Child Standard

Oklahoma requires family law judges to determine child custody matters based on the best interest of the child standard, which protects the child’s physical and mental health. A few factors that are considered include:

• The child’s safety and protection from harm
• The child’s relationship with each parent
• The child’s health, mental well-being, and stability
• The child’s emotional ties to family, school, and community
• Parental cooperation and co-parenting

In considering these factors, if a child’s preference to live with one parent could cause harm to the child, the judge may override the child’s wishes. Working with an experienced child custody attorney to assist you in presenting evidence to show that the best interests of the child are to live with you is critical in your case.

Contact the Custody Attorneys at Babbit, Mitchell & Ogle Today

Every family law matter is unique but understanding what Oklahoma courts consider in your case is critical. The best interest of the child is always the priority in custody matters. The law requires both parents to financially support their children. Whether you need help seeking custody or enforcing a custody order, our family law attorneys can guide you through the process.

If you are looking for a family law attorney, contact BMO Law for a consultation. We aggressively fight on behalf of our clients. There are long-term implications for those affected by a family law case, and we are here to protect your best interests. Call us at (405) 692-7676 to schedule your appointment.

At BMO Law, you are not just getting one attorney, you are getting a team!